Sec. 321. BUILDER ACT

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## SEC. 321 BUILDER ACT ###

(a)Paragraph

(2)of Section 102 Section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended— ####

(1)in subparagraph (A), by striking “insure” and inserting “ensure”; ####

(2)in subparagraph (B), by striking “insure” and inserting “ensure”; ####

(3)in subparagraph (C)— #####

(A)by inserting “consistent with the provisions of this Act and except where compliance would be inconsistent with other statutory requirements,” before “include in every”; #####

(B)by striking clauses

(i)through

(v)and inserting the following: > > ###### “(i) > > reasonably foreseeable environmental effects of the proposed agency action; > > > ###### “(ii) > > any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented; > > > ###### “(iii) > > a reasonable range of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically and economically feasible, and meet the purpose and need of the proposal; > > > ###### “(iv) > > the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity; and > > > ###### “(v) > > any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented.” > ; and #####

(C)by striking “the responsible Federal official” and inserting “the head of the lead agency”; ####

(4)in subparagraph (D), by striking “Any” and inserting “any”; ####

(5)by redesignating subparagraphs

(D)through

(I)as subparagraphs

(G)through (L), respectively; ####

(6)by inserting after subparagraph

(C)the following: > > ##### “(D) > > ensure the professional integrity, including scientific integrity, of the discussion and analysis in an environmental document; > > > ##### “(E) > > make use of reliable data and resources in carrying out this Act; > > > ##### “(F) > > consistent with the provisions of this Act, study, develop, and describe technically and economically feasible alternatives;” > ; and ####

(7)in subparagraph (I), as amended, by inserting “consistent with the provisions of this Act,” before “recognize”. ###

(b)New Sections Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end the following: > > ## “SEC. 106 PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW > > **[**[42 U.S.C. 4336](/us/usc/t42/s4336)**]** > > > ### “(a) Threshold Determinations > > An agency is not required to prepare an environmental document with respect to a proposed agency action if— > > > #### “(1) > > the proposed agency action is not a final agency action within the meaning of such term in chapter 5 of title 5, United States Code; > > > #### “(2) > > the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 109 of this Act, or another provision of law; > > > #### “(3) > > the preparation of such document would clearly and fundamentally conflict with the requirements of another provision of law; or > > > #### “(4) > > the proposed agency action is a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action. > > > ### “(b) Levels of Review > > > #### “(1) Environmental impact statement > > An agency shall issue an environmental impact statement with respect to a proposed agency action requiring an environmental document that has a reasonably foreseeable significant effect on the quality of the human environment. > > > #### “(2) Environmental assessment > > An agency shall prepare an environmental assessment with respect to a proposed agency action that does not have a reasonably foreseeable significant effect on the quality of the human environment, or if the significance of such effect is unknown, unless the agency finds that the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 109 of this Act, or another provision of law. Such environmental assessment shall be a concise public document prepared by a Federal agency to set forth the basis of such agency’s finding of no significant impact or determination that an environmental impact statement is necessary. > > > #### “(3) Sources of information > > In making a determination under this subsection, an agency— > > > ##### “(A) > > may make use of any reliable data source; and > > > ##### “(B) > > is not required to undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable. > > > ## “SEC. 107 TIMELY AND UNIFIED FEDERAL REVIEWS > > **[**[42 U.S.C. 4336a](/us/usc/t42/s4336a)**]** > > > ### “(a) Lead Agency > > > #### “(1) Designation > > > ##### “(A) In general > > If there are two or more participating Federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration of the— > > > ###### “(i) > > magnitude of agency’s involvement; > > > ###### “(ii) > > project approval or disapproval authority; > > > ###### “(iii) > > expertise concerning the action’s environmental effects; > > > ###### “(iv) > > duration of agency’s involvement; and > > > ###### “(v) > > sequence of agency’s involvement. > > > ##### “(B) Joint lead agencies > > In making a determination under subparagraph (A), the participating Federal agencies may appoint such State, Tribal, or local agencies as joint lead agencies as the involved Federal agencies shall determine appropriate. Joint lead agencies shall jointly fulfill the role described in paragraph (2). > > > #### “(2) Role > > A lead agency shall, with respect to a proposed agency action— > > > ##### “(A) > > supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than one participating Federal agency; > > > ##### “(B) > > request the participation of each cooperating agency at the earliest practicable time; > > > ##### “(C) > > in preparing an environmental document, give consideration to any analysis or proposal created by a cooperating agency; > > > ##### “(D) > > develop a schedule, in consultation with each cooperating agency, the applicant, and such other entities as the lead agency determines appropriate, for completion of any environmental review, permit, or authorization required to carry out the proposed agency action; > > > ##### “(E) > > if the lead agency determines that a review, permit, or authorization will not be completed in accordance with the schedule developed under subparagraph (D), notify the agency responsible for issuing such review, permit, or authorization of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such schedule; and > > > ##### “(F) > > meet with a cooperating agency that requests such a meeting. > > > #### “(3) Cooperating agency > > The lead agency may, with respect to a proposed agency action, designate any Federal, State, Tribal, or local agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal to serve as a cooperating agency. A cooperating agency may, not later than a date specified in the schedule established by the lead agency, submit comments to the lead agency. > > > #### “(4) Request for designation > > Any Federal, State, Tribal, or local agency or person that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under paragraph

(1)may submit a written request for such a designation to a participating Federal agency. An agency that receives a request under this paragraph shall transmit such request to each participating Federal agency and to the Council. > > > #### “(5) Council designation > > > ##### “(A) Request > > If the participating Federal agencies are unable to agree on the designation of a lead agency within 45 days of the request under paragraph (4), then the Federal, State, Tribal or local agency or person that is substantially affected by the lack or a designation of a lead agency may request that the Council designate a lead agency. Such request shall consist of— > > > ###### “(i) > > a precise description of the nature and extent of the proposed agency action; and > > > ###### “(ii) > > a detailed statement with respect to each participating Federal agency and each factor listed in paragraph

(1)regarding which agency should serve as lead agency. > > > ##### “(B) Transmission > > The Council shall transmit a request received under subparagraph

(A)to each participating Federal agency. > > > ##### “(C) Response > > A participating Federal agency may, not later than 20 days after the date of the submission of a request under subparagraph (A), submit to the Council a response to such request. > > > ##### “(D) Designation > > Not later than 40 days after the date of the submission of a request under subparagraph (A), the Council shall designate the lead agency with respect to the relevant proposed agency action. > > > ### “(b) One Document > > To the extent practicable, if a proposed agency action will require action by more than one Federal agency and the lead agency has determined that it requires preparation of an environmental document, the lead and cooperating agencies shall evaluate the proposal in a single environmental document. > > > ### “(c) Request for Public Comment > > Each notice of intent to prepare an environmental impact statement under section 102 shall include a request for public comment on alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action. > > > ### “(d) Statement of Purpose and Need > > Each environmental document shall include a statement of purpose and need that briefly summarizes the underlying purpose and need for the proposed agency action. > > > ### “(e) Page Limits > > > #### “(1) Environmental impact statements > > > ##### “(A) In general > > Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices. > > > ##### “(B) Extraordinary complexity > > An environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices. > > > #### “(2) Environmental assessments > > An environmental assessment shall not exceed 75 pages, not including any citations or appendices. > > > ### “(f) Sponsor Preparation > > A lead agency shall prescribe procedures to allow a project sponsor to prepare an environmental assessment or an environmental impact statement under the supervision of the agency. Such agency may provide such sponsor with appropriate guidance and assist in the preparation. The lead agency shall independently evaluate the environmental document and shall take responsibility for the contents. > > > ### “(g) Deadlines > > > #### “(1) In general > > Except as provided in paragraph (2), with respect to a proposed agency action, a lead agency shall complete, as applicable— > > > ##### “(A) > > the environmental impact statement not later than the date that is 2 years after the sooner of, as applicable— > > > ###### “(i) > > the date on which such agency determines that section 102(2)(C) requires the issuance of an environmental impact statement with respect to such action; > > > ###### “(ii) > > the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and > > > ###### “(iii) > > the date on which such agency issues a notice of intent to prepare the environmental impact statement for such action; and > > > ##### “(B) > > the environmental assessment not later than the date that is 1 year after the sooner of, as applicable— > > > ###### “(i) > > the date on which such agency determines that section 106(b)(2) requires the preparation of an environmental assessment with respect to such action; > > > ###### “(ii) > > the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and > > > ###### “(iii) > > the date on which such agency issues a notice of intent to prepare the environmental assessment for such action. > > > #### “(2) Delay > > A lead agency that determines it is not able to meet the deadline described in paragraph

(1)may extend such deadline, in consultation with the applicant, to establish a new deadline that provides only so much additional time as is necessary to complete such environmental impact statement or environmental assessment. > > > #### “(3) Petition to court > > > ##### “(A) Right to petition > > A project sponsor may obtain a review of an alleged failure by an agency to act in accordance with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph (B). > > > ##### “(B) Court order > > If a court of competent jurisdiction finds that an agency has failed to act in accordance with an applicable deadline, the court shall set a schedule and deadline for the agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law. > > > ### “(h) Report > > > #### “(1) In general > > The head of each lead agency shall annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— > > > ##### “(A) > > identifies any environmental assessment and environmental impact statement that such lead agency did not complete by the deadline described in subsection (g); and > > > ##### “(B) > > provides an explanation for any failure to meet such deadline. > > > #### “(2) Inclusions > > Each report submitted under paragraph

(1)shall identify, as applicable— > > > ##### “(A) > > the office, bureau, division, unit, or other entity within the Federal agency responsible for each such environmental assessment and environmental impact statement; > > > ##### “(B) > > the date on which— > > > ###### “(i) > > such lead agency notified the applicant that the application to establish a right-of-way for the major Federal action is complete; > > > ###### “(ii) > > such lead agency began the scoping for the major Federal action; or > > > ###### “(iii) > > such lead agency issued a notice of intent to prepare the environmental assessment or environmental impact statement for the major Federal action; and > > > ##### “(C) > > when such environmental assessment and environmental impact statement is expected to be complete. > > > ## “SEC. 108 PROGRAMMATIC ENVIRONMENTAL DOCUMENT > > **[**[42 U.S.C. 4336b](/us/usc/t42/s4336b)**]** > > “When an agency prepares a programmatic environmental document for which judicial review was available, the agency may rely on the analysis included in the programmatic environmental document in a subsequent environmental document for related actions as follows: > > > #### “(1) > > Within 5 years and without additional review of the analysis in the programmatic environmental document, unless there are substantial new circumstances or information about the significance of adverse effects that bear on the analysis. > > > #### “(2) > > After 5 years, so long as the agency reevaluates the analysis in the programmatic environmental document and any underlying assumption to ensure reliance on the analysis remains valid. > > > ## “SEC. 109 ADOPTION OF CATEGORICAL EXCLUSIONS > > **[**[42 U.S.C. 4336c](/us/usc/t42/s4336c)**]** > > “An agency may adopt a categorical exclusion listed in another agency’s NEPA procedures for a category of proposed agency actions for which the categorical exclusion was established consistent with this paragraph. The agency shall— > > > #### “(1) > > identify the categorical exclusion listed in another agency’s NEPA procedures that covers a category of proposed actions or related actions; > > > #### “(2) > > consult with the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion to a category of actions is appropriate; > > > #### “(3) > > identify to the public the categorical exclusion that the agency plans to use for its proposed actions; and > > > #### “(4) > > document adoption of the categorical exclusion. > > > ## “SEC. 110 E-NEPA > > **[**[42 U.S.C. 4336d](/us/usc/t42/s4336d)**]** > > > ### “(a) Permitting Portal Study > > The Council on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the enactment of this Act on the potential for online and digital technologies to address delays in reviews and improve public accessibility and transparency under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) including, but not limited to, a unified permitting portal that would— > > > #### “(1) > > allow applicants to— > > > ##### “(A) > > submit required documents or materials for their project in one unified portal; > > > ##### “(B) > > upload and collaborate with the applicable agencies to edit documents in real-time, as required; > > > ##### “(C) > > upload and display visual features such as video, animation, geographic information system displays, and three-dimensional renderings; and > > > ##### “(D) > > track the progress of individual applications; > > > #### “(2) > > include a cloud based, digital tool for more complex reviews that would enhance interagency coordination in consultation by— > > > ##### “(A) > > centralizing, across all necessary agencies, the data, visuals, and documents, including but not limited to geographic information system displays, other visual renderings, and completed reports and analyses necessary for reviews; > > > ##### “(B) > > streamlining communications between all necessary agencies and the applicant; > > > ##### “(C) > > allowing for comments and responses by and to all necessary agencies in one unified portal; > > > ##### “(D) > > generating analytical reports to aid in organizing and cataloguing public comments; and > > > ##### “(E) > > be accessible on mobile devices; > > > #### “(3) > > boost transparency in agency processes and present information suitable for a lay audience, including but not limited to— > > > ##### “(A) > > scientific data and analysis; and > > > ##### “(B) > > anticipated agency process and timeline; and > > > #### “(4) > > include examples describing how at least five permits would be reviewed and processed through this portal. > > > ### “(b) Authorization of Appropriations > > There is authorized to be appropriated $500,000 for the Council on Environmental Quality to carry out the study directed by this section. > > > ## “SEC. 111 DEFINITIONS > > **[**[42 U.S.C. 4336e](/us/usc/t42/s4336e)**]** > > “In this title: > > > #### “(1) Categorical exclusion > > The term ‘**categorical exclusion**’ means a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment within the meaning of section 102(2)(C). > > > #### “(2) Cooperating agency > > The term ‘**cooperating agency**’ means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under section 107(a)(3). > > > #### “(3) Council > > The term ‘**Council**’ means the Council on Environmental Quality established in title II. > > > #### “(4) Environmental assessment > > The term ‘**environmental assessment**’ means an environmental assessment prepared under section 106(b)(2). > > > #### “(5) Environmental document > > The term ‘**environmental document**’ means an environmental impact statement, an environmental assessment, or a finding of no significant impact. > > > #### “(6) Environmental impact statement > > The term ‘**environmental impact statement**’ means a detailed written statement that is required by section 102(2)(C). > > > #### “(7) Finding of no significant impact > > The term ‘**finding of no significant impact**’ means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental impact statement. > > > #### “(8) Participating federal agency > > The term ‘**participating Federal agency**’ means a Federal agency participating in an environmental review or authorization of an action. > > > #### “(9) Lead agency > > The term ‘**lead agency**’ means, with respect to a proposed agency action— > > > ##### “(A) > > the agency that proposed such action; or > > > ##### “(B) > > if there are 2 or more involved Federal agencies with respect to such action, the agency designated under section 107(a)(1). > > > #### “(10) Major federal action > > > ##### “(A) In general > > The term ‘**major Federal action**’ means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility. > > > ##### “(B) Exclusion > > The term ‘**major Federal action**’ does not include— > > > ###### “(i) > > a non-Federal action— > > > ###### “(I) > > with no or minimal Federal funding; or > > > ###### “(II) > > with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project; > > > ###### “(ii) > > funding assistance solely in the form of general revenue sharing funds which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such funds; > > > ###### “(iii) > > loans, loan guarantees, or other forms of financial assistance where a Federal agency does not exercise sufficient control and responsibility over the subsequent use of such financial assistance or the effect of the action; > > > ###### “(iv) > > business loan guarantees provided by the Small Business Administration pursuant to section 7(a) or

(b)and of the Small Business Act ( U.S.C. 636(a)), or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.); > > > ###### “(v) > > bringing judicial or administrative civil or criminal enforcement actions; > > > ###### “(vi) > > extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States; or > > > ###### “(vii) > > activities or decisions that are non-discretionary and made in accordance with the agency’s statutory authority. > > > #### “(11) Programmatic environmental document > > The term ‘**programmatic environmental document**’ means an environmental impact statement or environmental assessment analyzing all or some of the environmental effects of a policy, program, plan, or group of related actions. > > > #### “(12) Proposal > > The term ‘**proposal**’ means a proposed action at a stage when an agency has a goal, is actively preparing to make a decision on one or more alternative means of accomplishing that goal, and can meaningfully evaluate its effects. > > > #### “(13) Special expertise > > The term ‘**special expertise**’ means statutory responsibility, agency mission, or related program experience.” > .

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